Australian Capital Territory
Electricity (Greenhouse Gas Emissions) Act 2004
A2004-71
Republication No 5
Effective: 12 December 2011
Republication date: 12 December 2011
Last amendment made by A2011-52
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Electricity (Greenhouse Gas Emissions) Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))as in force on 12 December 2011. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2011.
The legislation history and amendment history of the republished law are set out in endnotes 3 and4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at
- authorised republications to which the Legislation Act 2001 applies
- unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol Mappears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
Unauthorised version prepared by ACT Parliamentary Counsel's Office
ContentsPage
Australian Capital Territory
Electricity (Greenhouse Gas Emissions) Act 2004
Contents
Page
Part 1Preliminary
1Name of Act
3Objects of Act
4Dictionary
5Notes
6Offences against Act—application of Criminal Code etc
Part 2Greenhouse gas benchmarks
7Territory greenhouse gas benchmarks
8Greenhouse gas benchmarks to apply to benchmark participants
9Benchmark participants
10Principles for working out greenhouse gas benchmarks for benchmark participants
11Principles for working out compliance with greenhouse gas benchmarks
12Greenhouse shortfalls may be carried forward
13Factors to be determined and notified before beginning of each year
14Evidentiary provisions relating to benchmarks
Part 3Enforcement of greenhouse gas benchmarks
15Licence conditions applying to retail suppliers
16Greenhouse penalties
17Annual greenhouse gas benchmark statements
18Restrictions on surrender of abatement certificates
19Assessment of compliance with greenhouse gas benchmarks
20Validity of assessment
21Waiver or suspension of obligations in emergencies
Part 4Accreditation of abatement certificate providers
22Accreditation required for creating abatement certificates
23Eligibility for accreditation
24Application for accreditation
25Duration of accreditation
26Conditions of accreditation
27Contravention of conditions—offence
28Accreditation not transferable
Part 5Creation of abatement certificates
29Accredited abatement certificate provider may create certificates
30Value of certificate
31Entitlement to create abatement certificates
32When certificates may be created
33Creation of certificate must be registered
34Duration of certificate
35Scheme administrator may require surrender of certificates
36Records to be kept by accredited abatement certificate providers
37Improper creation of abatement certificates—offence
Part 6Transfers and other dealings in abatement certificates
38Kinds of abatement certificate
39Transferability of certificates
40Application for registration of transfer
41Other dealings in certificates
42Holder of certificate may deal with certificate
43Scheme administrator not concerned with legal effect of transaction
Part 7Registers
44Registers to be kept
45Register of accredited abatement certificate providers
46Register of abatement certificates
47Evidentiary provisions
48Correction of register
Part 8The regulator and scheme administrator
49The regulator
50Functions of regulator etc
51Scheme administrator
52Functions of scheme administrator etc
53Conduct of audits
54Provision of information, documents and evidence
55Executive documents and proceedings
56Confidential information
57Annual report by regulator
Part 9Notification and review of decisions
58Definitions—pt 9
59Internal review notices
60Application for reconsideration
60AReconsideration of decisions
60BReviewable decision notices
60CApplication for ACAT
Part 10Miscellaneous
61Greenhouse gas benchmark rules
62Obligations under greenhouse gas benchmark rules
63Criminal liability of executive officers
64Determination of fees
65Approved forms
66Regulation-making power
Dictionary
Endnotes
1About the endnotes
2Abbreviation key
3Legislation history
4Amendment history
5Earlier republications
R512/12/11 / Electricity (Greenhouse Gas Emissions) Act 2004
Effective: 12/12/11 / contents 1
Unauthorised version prepared by ACT Parliamentary Counsel's Office
Preliminary / Part 1Section4
Australian Capital Territory
Electricity (Greenhouse Gas Emissions) Act 2004
An Act to establish greenhouse gas benchmarks for the electricity industry and to encourage activities relating to the reduction of greenhouse gas emissions, and for other purposes
Part 1Preliminary
1Name of Act
This Act is the Electricity (Greenhouse Gas Emissions ) Act 2004.
3Objects of Act
(1)The objects of this Act are—
(a)to reduce greenhouse gas emissions associated with the production and use of electricity; and
(b)to encourage participation in activities to offset the production of greenhouse gas emissions.
(2)For these objects, this Act—
(a)establishes Territory greenhouse gas benchmarks and individual greenhouse gas benchmarks for the reduction of greenhouse gas emissions that are to be met by retail suppliers, market customers and certain other people who supply or consume electricity; and
(b)provides for greenhouse gas benchmarks to be complied with by acquiring certificates relating to the carrying out of activities that promote the reduction of greenhouse gas emissions; and
(c)provides an economic incentive to undertake activities resulting in the reduction of greenhouse gas emissions by imposing a penalty on greenhouse gas emissions above the benchmark.
4Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition‘benchmark participant—see section 9.’ means that the term ‘benchmark participant’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s155 and s156(1)).
5Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127(1), (4) and (5) for the legal status of notes.
6Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (egconduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Greenhouse gas benchmarks
7Territory greenhouse gas benchmarks
(1)The Territory greenhouse gas benchmarks are as follows:
(a)for the year 2005—7.96 tonnes of carbon dioxide equivalent of greenhouse gas emissions per head of ACT population;
(b)for the year 2006—7.62 tonnes of carbon dioxide equivalent of greenhouse gas emissions per head of ACT population;
(c)for each of the years 2007 to 2020—7.27 tonnes of carbon dioxide equivalent of greenhouse gas emissions per head of ACT population.
(2)The Territory greenhouse gas benchmarks are to be the basis for working out the greenhouse gas benchmark for each benchmark participant.
8Greenhouse gas benchmarks to apply to benchmark participants
(1)A greenhouse gas benchmark for the reduction of greenhouse gas emissions applies, in accordance with this Act, to each benchmark participant.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).
(2)The greenhouse gas benchmark for a benchmark participant is to be worked out in accordance with this Act.
NoteFailure to comply with a greenhouse gas benchmark will result in a greenhouse penalty being payable (see pt 3).
9Benchmark participants
(1)For this Act, the following people are benchmark participants:
(a)a retail supplier;
(b)a market customer (other than a retail supplier), but only in relation to an electricity load that the market customer has classified as a market load and that is electricity supplied for use in the ACT;
(c)a large customer who has made an election, that is in force, to be subject to a greenhouse gas benchmark.
(2)A regulation may make provision in relation to the following:
(a)the making of elections to be subject to greenhouse gas benchmarks;
(b)the circumstances in which an election takes effect or ceases to be in force;
(c)the greenhouse penalty payable by a customer or person whose election ceases to be in force;
(d)the circumstances in which a person is taken to be a large customer or a large customer who uses electricity at more than 1 site.
(3)In this section:
large customer means a customer (other than a retail supplier) who uses—
(a)100 gigawatt hours or more of electricity at a single site in the ACT in a year; or
(b)100 gigawatt hours or more of electricity at 2 or more sites in the ACT in a year, at least 1 of which uses 50 gigawatt hours or more of electricity in the year.
10Principles for working out greenhouse gas benchmarks for benchmark participants
The greenhouse gas benchmark for a benchmark participant for a year is to be worked out by—
(a)multiplying the ACT population for the year by the Territory greenhouse gas benchmark for the year to work out the electricity sector benchmark; and
(b)working out the proportion of the total electricity demand in the ACT (as determined by the regulator) that applies to the participant for the year; and
(c)applying that proportion to the electricity sector benchmark for the year to work out the number of tonnes of carbon dioxide equivalent of greenhouse gas emissions that make up the benchmark for that participant.
NoteThe rules set out how the matters mentioned in this section are to be worked out.
11Principles for working out compliance with greenhouse gas benchmarks
(1)A benchmark participant’s compliance with the participant’s greenhouse gas benchmark for a year is worked out by subtracting the participant’s greenhouse gas benchmark from the number of tonnes of carbon dioxide equivalent of greenhouse gas emissions in the year for which the participant is responsible.
(2)The number of tonnes of carbon dioxide equivalent of greenhouse gas emissions in a year for which a benchmark participant is responsible is worked out by—
(a)multiplying the total number of megawatt hours of electricity supplied or purchased by the participant in the year by the ACT pool coefficient for greenhouse gas emissions arising out of that electricity for the year; and
(b)subtracting from that number the number of tonnes of carbon dioxide equivalent of greenhouse gas emissions abated by the participant in the year.
NoteThe method set out in the rules for working out electricity supplied or purchased by a benchmark participant may take into account electricity lost from transmission or distribution (see s61(1)(c)).
(3)The number of tonnes of carbon dioxide equivalent of greenhouse gas emissions abated by a benchmark participant in a year is the total number of tonnes attributable to any abatement certificates surrendered by the participant for the year and any renewable energy certificates of the participant counted for the year.
(4)If the result obtained under subsection (1) is more than zero (a greenhouse shortfall), the benchmark participant has failed to comply with the participant’s greenhouse gas benchmark.
(5)If the result obtained under subsection (1) is zero or less than zero, the benchmark participant has complied with the participant’s greenhouse gas benchmark.
(6)In working out the total megawatt hours of electricity supplied by a retail supplier in each year for subsection (2), electricity supplied by the supplier to another benchmark participant must not be taken into account.
NoteThe rules set out how the principles in this section are to be applied.
12Greenhouse shortfalls may be carried forward
(1)An amount of tonnes of carbon dioxide equivalent of greenhouse gas emissions of greenhouse shortfall in a year (other than the year 2007) may, subject to the rules, be carried forward to the next year.
(2)If an amount of greenhouse shortfall is carried forward, the amount of the shortfall is, to the extent to which it is not abated by the benchmark participant, subject to the greenhouse penalty at the end of the next year and the penalty is not payable for the shortfall amount at the end of the year from which it was carried forward.
(3)The penalty is payable at the same time as any greenhouse penalty for the next year is payable (or would be payable, if owed).
(4)A greenhouse shortfall that is carried forward may be abated at the end of the next year by surrendering abatement certificates or counting renewable energy certificates.
(5)For that purpose, the greenhouse shortfall after abatement is worked out by subtracting from the amount of the shortfall the total number of tonnes of carbon dioxide equivalent of greenhouse gas emissions attributable to any certificates surrendered or counted to abate the greenhouse shortfall.
(6)The amount of greenhouse shortfall carried forward in relation to a year may not exceed 10% of the benchmark participant’s greenhouse gas benchmark for the year.
(7)An amount of greenhouse shortfall may be carried forward whether or not a shortfall was carried forward in the previous year.
13Factors to be determined and notified before beginning of each year
(1)The regulator must determine the following matters for each year:
(a)the ACT pool coefficient for greenhouse gas emissions;
(b)the ACT electricity demand;
(c)the ACT population;
(d)the electricity sector benchmark.
(2)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)A determination is to be made in accordance with the requirements (if any) of the rules.
(4)A determination for a year must be made before the beginning of the year (but, if practicable, before the end of November in the previous year).
(5)The matters determined for a year apply to the working out of greenhouse gas benchmarks, and the assessment of compliance with the benchmarks, for the next year.
14Evidentiary provisions relating to benchmarks
(1)The regulator may give a certificate stating that, on a date or for a period stated in the certificate—
(a)a person was or was not a benchmark participant; or
(b)the ACT pool coefficient, ACT electricity demand, ACT population or electricity sector benchmark was the value or amount stated in the certificate; or
(c)the greenhouse gas benchmark for a benchmark participant was the amount stated in the certificate; or
(d)the greenhouse shortfall for a benchmark participant, or an amount of greenhouse shortfall carried forward by a benchmark participant, was the amount stated in the certificate; or
(e)the greenhouse penalty payable by a benchmark participant was the amount stated in the certificate.
(2)The certificate is admissible in a proceeding before any court or tribunal and is evidence of the facts stated in it.
Part 3Enforcement of greenhouse gas benchmarks
15Licence conditions applying to retail suppliers
(1)It is a condition of each retail supplier’s licence that the retail supplier comply with—
(a)its greenhouse gas benchmark; and
(b)this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).
(2)This section does not limit the Minister’s power to give directions under the Utilities Act, section 19 about licence conditions applying to a retail supplier, including conditions (not inconsistent with this Act) about—
(a)greenhouse gas emissions; or
(b)giving information to the regulator or scheme administrator about matters related to this Act.
(3)Action may not be taken against the licence of a retail supplier under the Utilities Act, section 42 (Revocation) or section 47 (Contravention of licence condition) in relation to a greenhouse shortfall for which a greenhouse penalty is payable under this Act.
16Greenhouse penalties
(1)A benchmark participant who fails to comply with the participant’s greenhouse gas benchmark for reduction of greenhouse gas emissions for a year is liable to pay a greenhouse penalty to the Territory.
(2)The greenhouse penalty is the amount prescribed by regulation adjusted in accordance with the regulations (if any) made for subsection(3).
(3)A regulation may provide for the adjustment of the greenhouse penalty in accordance with movements in the CPI.
(4)A greenhouse penalty payable for a year by a benchmark participant is payable to the Territory by 1 March in the following year or, if the regulator decides a later date, that date.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
(5)Any greenhouse penalties payable under this Act are to be used for greenhouse gas reduction activities or programs nominated by the Minister.
(6)In this section:
CPI means the All Groups Consumer Price Index (All Groups Index) for Canberra issued by the Australian Statistician.
NoteFor when a greenhouse gas penalty is payable for a greenhouse shortfall that is carried forward, see s 12.
17Annual greenhouse gas benchmark statements
(1)A benchmark participant must give a greenhouse gas benchmark statement to the regulator by 1 March in each year or, if the regulator allows a later date, that date.
(2)A greenhouse gas benchmark statement must contain—
(a)an assessment of the benchmark participant’s greenhouse gas benchmark for the previous year; and
(b)an assessment of the participant’s liability (if any) for the greenhouse penalty for the previous year; and
(c)an assessment of the participant’s liability (if any) for a greenhouse penalty payable in relation to a greenhouse shortfall carried forward from the year before the previous year; and
(d)anything else required by the regulator.
NoteIf a form is approved under s 65for a greenhouse gas benchmark statement, the form must be used.
(3)A greenhouse gas benchmark statement for a year must be accompanied by details of—
(a)all abatement certificates sought to be surrendered for the year or sought to be surrendered to abate a greenhouse shortfall carried forward from the previous year; and